Topic: Separation of Powers
Interview of Doug Mays, September 25, 2020
Interviewed by Alan Conroy
This interview with former Speaker Doug Mays contains good insight into how the Kansas House of Representatives functioned at the end of the Twentieth Century and the first decade of the Twenty-First. The institution was changing as its membership became more conservative. Mays describes in great detail how its leadership dealt with controversial issues such as school finance and taxation. Mays cites two issues as his proudest accomplishments: passing a sales tax to lower property taxes for Washburn University and neighborhood revitalization legislation. Speaker Mays notes that every time a bill came through, he read Show Moreit. His discussion of the power of the speaker is illustrated with numerous examples. “ I believed in the process. I believed that the speaker was the keeper, the protector of the process.” He promoted civility in the body and developed a good relationship with the Minority Leader Dennis McKinney which allowed him to end the 2005 Special Session without adjourning sine die. Mays promoted greater use of technology for the legislature and tightening of deadlines to ensure smooth operations. There are several examples of his relationship with governors. Anyone interested in being a speaker should read this interview. Show Less
Interview of Lawton Nuss, July 27, 2022
Interviewed by Richard Ross
Retired Chief Justice Lawton Nuss describes his attempts to be appointed to the Court of Appeals (he was not) and to the Supreme Court. Nuss served as Acting Chief during the illness of Chief Justice Davis. After becoming Chief Justice in 2010 he became the chief spokesman and administrator for the entire judicial branch of nearly 1600 employees and 250 judges. In 2014-15 he appointed a Court Budget Advisory committee to help resolve an eight million dollar budget shortfall. He discussed at length the legislative reaction to the Gannon v State school finance case which was Show Morefiled in 2010 and not finally resolved until 2019. Nuss describes his work with the conservative leadership in the state legislature, and a conservative governor, and their attempts to gain more control over the courts. He dealt with budget shortfalls that resulted in closing the courts; attempts to elect rather than appoint judges; and threats to change the role of the courts in the constitution. Nuss was a vigorous defender of the judicial system's independence against legislative interference. He cited the Supreme Court’s Solomon case which essentially answered the question, "‘Should the judicial branch have to give away some of its power granted directly by the people in their Constitution in order to get funding from the legislature.” The court's decisions on school finance continued to provoke the legislature during his tenure. Show Less
Interview of John Vratil, September 13, 2022
Interviewed by Joan Wagnon and David Heinemann
Senator John Vratil served 14 years in the Kansas Senate, chairing the Judiciary committee 8 of those years and serving as Senate Vice-President for 10 years. Vratil was a leader in the Senate on both education issues as well as judiciary issues. He served on the Judicial Council helping the courts coordinate policy initiatives with the Administration and Legislature. He discusses the change in the power structure of the Senate, from "moderate Republican to Right Wing Conservative." He cites medicaid expansion as one example of a popular issue with the public, but not with the new "right-wing" Show Moreconservative majority. He comments the declining number of lawyers in both the Senate and House may be due to the low salaries. Show Less
Interview of Richard Walker, December 2, 2022
Interviewed by Nancy Parrish
Richard Walker's interview shows the human side of being a judge for 30 years in his hometown of Newton. After a brief foray into politics while fresh out of law school and the private practice of law, Walker found his niche on the bench in his hometown of Newton/Harvey County. His descriptions of a group of young Republican lawmakers organizing to elect Wendell Lady as Speaker are interesting. Walker became disillusioned about the parole board practices during his service there but saw a way as a judge to look for creative, flexible alternatives to Show Moreresolving domestic situations and preventing children from being damaged in the process. In 2015 he moved to senior judge status and worked with the Court of Appeals, largely because "he had had it with domestic cases." Show Less
Interview of Deanell Tacha, April 12, 2023
Interviewed by Jim Concannon
Jim Concannon skillfully guides retired Judge Tacha through an interview that probes her background, reasons for becoming a lawyer, and then a judge of the United States Court of Appeals, and her career in public service as an administrator and professor of law. Tacha spoke about how women were treated in law school and in her early law practice. She advocated for the advancement of women in law and the workplace. Tacha credits Bob Dole for her nomination to the Court of Appeals. She compares the federal system of selecting judges with the Kansas merit selection Show Moresystem and prefers the Kansas nonpartisan system. Her explanation of how the federal judiciary is organized is clear and instructive, especially as to what kinds of cases they hear. She relates an interesting story about her trip to Albania to assist with developing a new constitution for the country, discusses her experience as Dean of the Law School at Pepperdine University and closes with a plea for "thoughtful, civilized discourse". Show Less
Interview of Howard Schwartz, April 25, 2023
Interviewed by Richard Walker
Howard Schwartz credits Wilt Chamberlain for encouraging him to leave Philadelphia and come to Kansas to college. Then Jim James asked him to set up a system to manage personnel in 110 courts and 105 counties. Schwartz spent the next 32 years managing change within the Kansas courts as the judicial administrator. The interview covers court unification, the management of court dockets, the creation of child support guidelines, and the evolving relationship among courts and its judges over how the system is administered. Schwartz developed a special friendship with Justice Kay McFarland who asked him and Show Morehis wife, Elaine to assist with the disposition of her estate when she died. Dr. Schwartz wrote an article for the Kansas Bar Association publication about Chief Justice McFarland which is also available for download at the end of his interview. Show Less